SHANKARRAO SITARAMJI SATPUTE Vs. ANNAPURNABAI

JUDGEMENT

(1.) ALL these appeals except First Appeal No. 128 of 1953 arise out of a suit instituted by the Plaintiff Shankarrao against fifteen persons for partition and separate possession of certain properly alleged by him to be the joint family property of his adoptive father Sitaram and of Gopala, the aclop-live father of the Defendant No. 4 Sheshrao. The Plaintiffs Nos, 2 and 3 are the alienees of some of the properties from the Plaintiff No. 1. During the pendency of the suit some of the Defendants were given up and their names have been struck off. They are Defendants No. 9 Pandurang, No. 11 Parashramji, No. 12 Balkrishna and No. 14 Mst. Yashwadabai. Four persons were also joined as Defendants to the suit. They are Defendants No. 16 Vinayak, No. 17 Sadasheo, No. 18 Rajaram and No. 19 Bhagwan.

(2.) THE following genealogical tree will explain the contentions which have been raised on behalf of the Defendant No. 4 Sheshrao and the Defendant No. 7 Waman, who are the main contestants to the Plaintiff's claim and who also have raised a contest inter se:

(3.) IT is admitted before us that Rajas Patil was the common ancestor of the family, and Chinta-manji was his third son. Chintamanji had two sons, Sitaram and Jagoba. Jagoba died in the year 1915, leaving behind his son Gopalrao who died in 1943. Sitaram died in the year 1921, leaving behind three widows, Gopika who died in the year 1936, Yashoda, Defendant No. 14, and Renuka, Defendant No. 13, and a daughter Saraswati who died in the year 1930, leaving behind two sons. The elder of the two, Kashirao, is alleged to have been taken in adoption by Yashoda on 25th March 1944. His name was changed to Shankar and he is the Plaintiff in the suit. Gopahao left three widows, Annapurna, Defendant No. 1, Mankarnika Defendant No. 2, and Kautika, Defendant No. 3. The Plaintiff has admitted that the Defendant No. 1 Annapurna took the Defendant No. 4 Sheshrao in adoption on 29th April 1944. He, therefore, claimed half share in the property which was the joint family property of Sitaram and Jagoba.